FISCAL NOTE

Date Requested: January 17, 2024
Time Requested: 01:59 PM
Agency: Tax & Revenue Department, WV State
CBD Number: Version: Bill Number: Resolution Number:
1887 Introduced HB4827
CBD Subject: Taxation


FUND(S):

General Revenue Fund

Sources of Revenue:

General Fund

Legislation creates:

Decreases Existing Revenue, Increases Existing Expenses



Fiscal Note Summary


Effect this measure will have on costs and revenues of state government.


The stated purpose of this bill is to remove the variable gas tax rate. According to our interpretation, the proposed bill would remove the imposition of a variable tax rate on motor fuels. Under current code, the motor fuel excise tax is composed of a flat rate tax of 20.5 cents per invoiced gallon and a variable rate tax which is 5 percent of the average wholesale price of each motor fuel as determined annually by the State Tax Commissioner. No effective date is given in the bill; therefore, if passed, the legislation would become effective 90 days from passage. Based on our interpretation, the legislation, if passed, would reduce State Road Fund collections by up to $17.5 million in FY2024 and by $210.0 million in subsequent fiscal years. Additional administrative costs incurred by the State Tax Department would be $15,000 in FY2024.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2024
Increase/Decrease
(use"-")
2025
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 15,000 0 0
Personal Services 0 0 0
Current Expenses 0 0 0
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 15,000 0 0
2. Estimated Total Revenues -17,500,000 -210,000,000 -210,000,000


Explanation of above estimates (including long-range effect):


According to our interpretation, the proposed bill would remove the imposition of a variable tax rate on motor fuels. Under current code, the motor fuel excise tax is composed of a flat rate tax of 20.5 cents per invoiced gallon and a variable rate tax which is 5 percent of the average wholesale price of each motor fuel as determined annually by the State Tax Commissioner. No effective date is given in the bill; therefore, if passed, the legislation would become effective 90 days from passage. Based on our interpretation, the legislation, if passed, would reduce State Road Fund collections by up to $17.5 million in FY2024 and by $210.0 million in subsequent fiscal years. Additional administrative costs incurred by the State Tax Department would be $15,000 in FY2024.



Memorandum


The stated purpose of this bill is to remove the variable gas tax rate. Subsection §11-14C-5(b) addresses the determination of the “average wholesale price” of all motor fuel, which only applies to the variable tax rate. This section would be redundant after the elimination of the variable tax rate.



    Person submitting Fiscal Note: Mark Muchow
    Email Address: kerri.r.petry@wv.gov